Strategic Cropping Land Bill 2011 Report No. 6 Environment, Agriculture, Resources and Energy Committee November 2011 Environment, Agriculture, Resources and Energy Committee Chair Mrs Carryn Sullivan MP, Member for Pumicestone Deputy Chair Mr Andrew Cripps MP, Member for Hinchinbrook Members Mr Jack Dempsey MP, Member for Bundaberg Ms Di Farmer MP, Member for Bulimba Mr Peter Lawlor MP, Member for Southport Mr Andrew Powell MP, Member for Glass House Staff Mr Rob Hansen, Research Director Ms Robyn Moore, Principal Research Officer Ms Sarah McCallan, Principal Research Officer Ms Rhia Campillo, Executive Assistant Technical Scrutiny Ms Renée Easten, Research Director Secretariat Mr Ian Caulfield, Principal Research Officer Ms Dianne Christian, Executive Assistant Contact details Environment, Agriculture, Resources and Energy Committee Parliament House George Street Brisbane Qld 4000 Telephone +61 7 3406 7908 Fax +61 7 3406 7070 Email [email protected] Web www.parliament.qld.gov.au/EAREC Acknowledgements The committee thanks those who briefed the committee, made submissions, gave evidence and participated in its inquiry. In particular the committee acknowledges the assistance provided by the Department of Environment and Resource Management. Strategic Cropping Land Bill 2011 Contents Contents Abbreviations and Glossary v Executive summary 1 Recommendations 2 1 Introduction 3 Role of the committee 3 Public submissions 3 Public briefing and hearing 3 Policy objectives of the Strategic Cropping Land Bill 2011 3 2 Examination of the Bill 5 3 Fundamental legislative principles 23 DERM’s advice 25 DERM’s advice 33 Appendices 35 Appendix A – List of Submissions 35 Appendix B – Summary of Submissions 37 Appendix C – Witnesses at public hearing – 10 November 2011 128 Appendix D – Briefing officers – Department of Environment and Resource Management 129 Statement of Reservation 131 iii iv Environment, Agriculture, Resources and Energy Committee Strategic Cropping Land Bill 2011 Abbreviations and Glossary Abbreviations and Glossary AgForce AgForce Queensland Industrial Union of Employers ASSSI Australian Society of Soil Science Inc. DERM Department of Environment and Resource Management FLPs Fundamental legislative principles - The principles relating to legislation that underlie a parliamentary democracy based on the rule of law (Legislative Standards Act 1992, section 4(1)). The principles include requiring that legislation has sufficient regard to the rights and liberties of individuals and to the institution of Parliament. Gilgai microrelief Small depressions in the land caused by wet weather. QFF Queensland Farmers’ Federation QMDC Queensland Murray-Darling Committee Inc. QRC Queensland Resources Council RAS Regulatory Assessment Statement SCL Strategic Cropping Land Environment, Agriculture, Resources and Energy Committee v vi Environment, Agriculture, Resources and Energy Committee Strategic Cropping Land Bill 2011 Executive Summary Executive summary This Report presents the findings of the Environment, Agriculture, Resources and Energy Committee's examination of the Strategic Cropping Land Bill referred by the Legislative Assembly to the committee on 25 October 2011. The Bill seeks to implement a legislative framework that recognises the state’s strategic cropping land (SCL) as a finite resource and provides the crucial balance between often competing interests for primary producers, resource developers and urban development. The policy objectives of the Bill includes providing a process for assessing and deciding whether developments are permitted to proceed on validated strategic cropping land. Accordingly, the Bill will apply to resource developments and urban and industrial development in rural areas, outside of those areas identified for urban purposes. The Bill seeks to establish the Strategic Cropping Land Act 2011, and to amend the Environmental Protection Act 1994 and Sustainable Planning Regulation 2009. The aims and policy objectives that have generated the most concern relate to the criteria for identifying land as SCL and validation of SCL, approval of projects in exceptional circumstances, mitigation requirements for developments which impact SCL and the transitional arrangements for resource development projects. Fifty-five written submissions were received by the committee in response to its call for submissions and evidence from 15 witnesses was heard by the committee at the subsequent public hearing. The Department of Environment and Resource Management (DERM) assisted the committee during its inquiry by providing a public briefing, responding to issues raised in submissions and providing further clarification and advice. After consideration of all submissions, advice and evidence given during the course of the committee’s examination, the committee focussed on the following key policy issues: Purposes and application of the proposed Act Definitions Identification of SCL Validation of SCL Assessment of development impacts on the land Approval of projects in exceptional circumstances Mitigation of impacts on SCL and Transitional project arrangements. The committee raises concerns with a number of matters emanating from the key policy objectives it focussed on. Briefly, these matters include: the lack of clarity in the definition of SCL the 50 year timeframe for assessment of permanent damage to SCL and lack of clarity concerning baseline assessments insufficiency of time for affected parties to make submissions in relation to zonal or Protection Area amendments concerns relating to the focus on soils as the criteria for identification of SCL Environment, Agriculture, Resources and Energy Committee 1 Executive Summary Strategic Cropping Land Bill 2011 the effectiveness of the cropping history test the lack of clarity of the criteria to be met in assessing applications for exceptional circumstances concerns with the premise that SCL can be restored to its original productive capacity after permanent alienation by developments, such as resource developments concerns surrounding the Springsure Creek Coal project, and the application of fundamental legislative principles in respect of various Clauses of the Bill. The committee is satisfied with the advice provided by DERM on the remainder of the concerns raised by submitters. Recommendations Recommendation One The committee recommends that the Bill be passed subject to clarifications and assurances sought by the committee in respect ofkey Clauses andprovisions of the Billthat are discussed inthis report. Recommendation Two The committee recommends that Chapter 4 Part 2 be redrafted to clarify meaning and remove ambiguity form the applicationof the exceptional circumstances test. 2 Environment, Agriculture, Resources and Energy Committee Strategic Cropping Land Bill 2011 Introduction 1 Introduction Role of the committee Section 93 of the Parliament of Queensland Act 2001 provides that a portfolio committee is responsible for considering: the policy to be given effect by the Bill, and the application of fundamental legislative principles to the Bill. On 25 October 2011, the Legislative Assembly referred the Strategic Cropping Land Bill 2011, introduced by Hon Rachel Nolan MP, Minister for Finance, Natural Resources and The Arts, to the committee for consideration and report by 21 November 2011. On 17 November, the reporting date was extended by the Committee of the Legislative Assembly to Friday 25 November 2011. The committee’s consideration of the Bill included a public submissions process and a briefing by policy officers from the Department of Environment and Resource Management (DERM) and a public hearing. The committee also considered expert advice on the application of fundamental legislative principles to the Bill.1 Public submissions The committee advertised its inquiry in the Saturday edition of The Courier Mail on 29 October 2011. The committee also wrote to stakeholder groups inviting written submissions on the policies that the Bill would give effect to as well as the Bill’s conformance with fundamental legislative principles. The committee accepted 55 written submissions (listed at Appendix 1). Appendix 2 provides a summary of the points raised in submissions on the chapters, clauses and schedules of the Bill. Public briefing and hearing On 10 November 2011, officers from the Department of Environment and Resource Management (DERM) briefed the committee on the Bill. The committee opened this briefing, held in the Legislative Assembly Chamber in Parliament House, to the general public. The briefing was followed by a public hearing during which the committee questioned submitters about their views on the Bill. Transcripts of the briefing and hearing are available from the committee’s web pages. The briefing officers and hearing witnesses are listed at Appendix 3. Policy objectives of the Strategic Cropping Land Bill 2011 According to advice provided by the Department of Environment and Resource Management (DERM), the main purpose of the Strategic Cropping Land Bill 2011 is to implement a legislative framework that recognises the state’s strategic cropping land (SCL) as a finite resource that must be protected against the impacts of development and preserved for future generations.2 1 Section 4 of the Legislative Standards Act 1992 (Qld) provides that the fundamental legislative principles are the principles relating to legislation that underlie a parliamentary democracy based on the rule of law. The principles include requiring